Ayisha Beevi v. Fathima Beevi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)No.267 of 2017(PD) Ayisha Beevi ... Petitioner / Petitioner / 6th Respondent / 6th Defendant Vs 1.Fathima Beevi ... 1st Respondent / 1st Respondent / Petitioner / Plaintiff 2.Mohamed Sulaiman(Died) 3.Abdul Rasool 4.Sarfudeen 5.Abdul Ali 6.Jameela Beevi 7.Mohamed Nisha 8.Abdul Ajeez 9.Sowkath Ali 10.Akbar 11.Mohamed Kasim 12.Noorjahan 13.Madheena Begam 14.Hajee Mohammed ... Respondents 2-14/ Respondents 2-14 / Respondents 1-5, 7-14/ Defendants 1-5, 7-14 PRAYER: Civil Revision Petition is filed, under Article 227 of the Constitution of India, to direct the Lower Court for expeditious disposal of I.A.No.321 of 2014 in I.A.No.1176 of 1993 in O.S.No.609 of 1982 on the file of the Principal District Munsif Court, Tiruchirappalli, within a stipulated time. For Petitioner : Mrs. J. Padhmaavathi Devi

ORDER

The petitioner has filed this Civil Revision Petition to direct the Principal District Munsif Court, Tiruchirappalli, for speedy disposal of I.A.No.321 of 2014 in I.A.No.1176 of 1993 in O.S.No.609 of 1982, within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/ 2.The first respondent filed suit in O.S.No.609 of 1992 before the Principal District Munsif, Tiruchirappalli, for partition

against the petitioner and other sisters and brothers. A Preliminary decree was passed. The first respondent filed I.A.No.1176 of 1993, for final decree. The petitioner also filed I.A.No.18 of 2010 for passing of final decree. In I.A.No.1176 of 1993 final decree was passed on 27.11.1996. In the decree, it was mistakenly mentioned that 1⁄2 share had been allotted to the first respondent in the suit schedule properties items 3,4 & 6 instead of 1/12 shares. The petitioner filed I.A.No.321 of 2014 for amendment in the final decree proceedings in I.A.No.1176 of 1993. The said I.A.No.321 of 2014 is pending without any progress. In the circumstances, the petitioner has come out with the present Civil Revision Petition for speedy disposal of I.A.No.321 of 2014. 3.I have heard the learned counsel appearing for the petitioner and also perused the entire materials on record. 4.Taking into consideration the material facts and circumstances, this Court is of the view that in the interest of justice, it may be expedient to issue a direction to the learned Principal District Munsif, Tiruchirapalli.

5.Accordingly, this Civil Revision Petition is allowed and the learned Principal District Munsif, Tiruchirappalli, is directed to dispose of I.A.No.321 of 2014 in I.A.No.1176 of 1993 in O.S.No.609 of 1982 as expeditiously as possible, in any event, not later than, 30th April, 2017. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar am To The Principal District Munsif, Tiruchirappalli.

+1cc to M/s J.PADMAVATHI DEVI,Advocate Sr.No. 7331 JAM/28.02.17 /SV-MMS/ 2P-3C C.R.P(MD)No.267 of 2017(NPD) 09.02.2017 https://hcservices.ecourts.gov.in/hcservices/